Effect of a decision made by the Secretary of State not to entertain an application for Section 95 support. Decision not to entertain applied incorrectly – consideration of Section 103(6) which provides that no further application for support is to be entertained unless there has been a material change in circumstances.
Having determined that the Secretary of State was not entitled to refuse to entertain the application, it is held that (a) the appellant is an asylum seeker having submitted an Article 3 application to the Home Office upon which a decision remains outstanding and (b) that this is a decision attracting a right of appeal under Section 103(1) of the Immigration and Asylum Act 1999.
Section 95 – jurisdiction.
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